United States v. Richard Allan Long

963 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Richard Allan LONG, Defendant-Appellant. No. 91-30264. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. * Decided May 18, 1992. 1 Appeal from the United States District Court for the District of Oregon; No. CR-91-69-HJR, Helen J. Frye, District Judge, Presiding. 2 D.Or. 3 AFFIRMED. 4 Before: WALLACE, Chief Judge, GOODWIN, Circuit Judge, and LEVI, District Judge. ** 5 MEMORANDUM *** 6 Appellant Richard Allan Long asserts that the district court erred in refusing to depart downward from the applicable Sentencing Guideline because the court failed to consider the effect of his alcoholism on his criminal history. We affirm. 7 A district court's refusal to exercise its discretion to depart downward from the Guidelines is not reviewable on appeal. United States v. Morales, 898 F.2d 99 (9th Cir.1990); cf. 18 U.S.C. § 3742 (a). Long asserts that…